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HomeMy WebLinkAboutMidwest Janitorial Service-7/28/2014Please return this copy to: CIty Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 JANITORIAL SERVICE AGREEMENT This AGREEMENT, made August 1, 2014, by and between Midwest Janitorial Service (Contractor) and the City of Waterloo (Owner). 1. SERVICES: Contractor will provide janitorial and other related services to 715 Mulberry St., 620 Mulberry St., 348 N. Elk Run Road, 104 W 5t1 St., 3505 Easton Ave. and 531 Commercial St., Waterloo, Iowa, according to the specifications. Contractor may perform the services by any reasonable means, and shall not be responsible for delays in performance beyond its control. 2. TERM: This Agreement shall be in effect for three (3) years, commencing August 1, 2014, and shall continue in effect thru July 31, 2017. 3. TERMINATION: If Owner is dissatisfied with the quality of the services, Owner may inform Contractor in writing of the specific areas of dissatisfaction. Owner may then terminate this Agreement by thirty (30) days written notice to Contractor. Owner may terminate this Agreement at any time upon thirty (30) days written notice if Owner vacates the premises. Contractor may terminate this Agreement by thirty (30) days written notice to Owner, and may terminate services at any time. All property furnished by contractor under this contract shall remain its property. Upon the termination of the contract, Contractor shall have a reasonable time to remove its property from Owner's premises. 4. PRICE: Owner agrees to pay Contractor for the services: City Hall = $4,249.00 per month; Carnegie Annex = $837.00 per month; Police Training Center = $285.00 per month; Memorial Hall = $207.00 per month; Waste Management = $1,426.00 per month; and City -owned property attached to the Waterloo Building = $150.00 per month. . 5. CHANGE IN WORK PERFORMED: The price stated in this agreement is based upon the service area and frequency of services in the attached specifications. If there is any change in such area or services, Owner and Contractor agree to negotiate a reasonable price adjustment. Owner agrees to notify Contractor in writing at least fourteen (14) days prior to any tenant of Owner vacating any leased space in the Building. Such vacancy notices will state the name of the tenant and the square footage of the vacated areas. In the event that Owner breaches its obligation to deliver such notice, Owner agrees that the charges for work performed in such spaces by Contractor under this janitorial service agreement will not be abated in any way, until the day after Contractor receives such written notification of such vacancy. 6. HOLIDAYS: Contractor is not obligated to perform services on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Services on holidays, when requested, shall be charged on an 1 overtime basis. A holiday on the sixth or seventh day of the work week shall be subject to additional charge of a full day at straight time if wages are required to be paid for that day. 7. INSURANCE AND TAXES: Contractor agrees to maintain in full force and effect during the term of this agreement the following insurance coverage with regard to the work performed for Owner under this Agreement: 1) Commercial General Liability insurance with limits for bodily injury and property damage of not Tess than $1,000,000 per occurrence; 2) Commercial Automobile Liability insurance with limits of liability for bodily injury and property damage of not less than $1,000,000 per occurrence; and 3) Workers' Compensation insurance with statutory limits and with an employer's liability of at least $500,000. Contractor has the right to be self-insured where permitted by state law or to provide such coverage subject to a deductible or self-insured retention. Upon request, Contractor will provide Owner with a certificate of insurance describing the coverage provided in accordance with these provisions. Contractor, Owner and their insurers shall waive all rights of subrogation against one another for property damage claims. Contactor shall be responsible for paying all payroll based taxes affecting its employees. 8. INDEPENDENT CONTRACTOR: Contractor is an independent contractor, and all persons employed to furnish services hereunder are employees of Contractor and not of Owner. The janitors will be employees of Contractor and Contractor will pay for all wages, expenses, federal and state payroll taxes and any similar tax and will provide uniforms in accordance with Contractor's established standards. 9. EMPLOYEES: Upon written request by Owner, Contractor will remove from service any employee assigned to Owner's premises who has engaged in improper conduct, including without limitation, a breach of Owner policies or failure to perform the duties herein, provided such request is in accordance with the laws and collective bargaining agreements, if applicable. Contractor shall supervise the janitors through Contractor's designated personnel. 10. KEYS: Contractor shall not be provided master keys to any property. Should access to a master key be required, Owner will provide a key box or lock box for such master key(s) at the property. 11. NOTICES: Notices, requests, demands, etc., shall be in writing and delivered or mailed with postage prepaid: To Owner at: City of Waterloo 715 Mulberry Street Waterloo IA 50703 Attention: Craig Clark To Contractor at: Midwest Janitorial Service 1395 N Center Point Road Hiawatha IA 52233 2 12. ENTIRE AGREEMENT: This Agreement contains the entire Agreement between the parties. All prior negotiations between the parties are merged in this Agreement and there are no understandings or agreements other than those incorporated herein. This Agreement may not be modified, except by written instrument signed by both parties. In the event of conflict between any of the foregoing provisions of this Agreement and any other contract, purchase order, agreement or specification between the parties, this Agreement shall be controlling. This Agreement shall inure to and bind the successors, assigns, agents and representatives of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. Owner: Contractor: City of Wat ®, Midwest Janitor By: _AA,-ete: Name: F�!4 GT• CCC ✓�� Title: '1Viet,,tr- Name: Title: 477 3